PLANNING
Footnotes:
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State Law reference— Local Government Comprehensive Planning and Land Development Regulation Act, F.S. §§ 163.3161—163.3217.
In accordance with the terms of the Act, the city commission declares its intention to exercise its authority under the Act for the total area under its jurisdiction. The commission finds that the establishment of a comprehensive planning process, the preparation of a comprehensive plan, and the adoption of a comprehensive plan for the city is in the public interest. A comprehensive plan shall be prepared by the city in conformity with the provisions of the Act and this article and shall be adopted by the commission on or before July 1, 1979.
(Code 1980, § 22-21)
In accordance with section 12 of the Act (F.S. § 163.3194), after the adoption of the plan or element or portion of the plan, no development, either public or private, shall be permitted within the city except in conformity with the comprehensive plan or element or portion of the plan.
(Code 1980, § 22-22)
The city commission designates the planning and zoning board as the local planning agency of the city, pursuant to section 6 of the Act (F.S. § 163.3174). The planning department, as determined by the city manager, shall provide the necessary staff assistance for this function.
(Code 1980, § 22-23)
The local planning agency shall be funded by the commission from the general fund at a level adequate for the agency to perform its duties as required by the Act and this article. It may also be partially funded by public or private grants, donations and other sources approved by the commission; by charging fees for all copies of minutes, maps, reviews, regulations, rules, criteria, plans, evaluations and other data compiled by the agency; and by charging fees for services provided to outside persons, organizations or agencies, such fees to be equal to the actual cost of furnishing such services, including all materials and labor (both direct and indirect, including fringe benefits) plus administrative overhead.
(Code 1980, § 22-24)
(Code 1980, § 22-25)
(Code 1980, § 22-26)
The comprehensive plan shall be developed pursuant to the requirements of section 7 of the Act (F.S. § 163.3177) and applicable provisions of the county charter, and shall include the following elements:
(Code 1980, § 22-27)
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Note—See county charter, art. VI.
The local planning agency may, subject to the approval of the commission, include any one or more of the following elements in the plan, pursuant to section 7 of the Act (F.S. § 163.3177):
(Code 1980, § 22-28)
All meetings of the local planning agency shall be open to the public, and all records of the agency are public records.
(Code 1980, § 22-29)
(Code 1980, § 22-30)
(Code 1980, § 22-31)
This section is adopted to establish a process governing the use of the power of eminent domain to assist in the assembly of land, improvements, and properties necessary to carry out redevelopment in the city.
(Ord. No. 2003-13, § 1, 6-17-2003)
The following terms mean:
Acquisition parcel(s) means an individual parcel or parcels of land within a candidate redevelopment area, which is not controlled by the developer who proposes to undertake redevelopment of the candidate redevelopment area.
Bona fide offer means an offer in the amount of the fair market value of the property as appraised by the current property owner, by an MAI appraiser, or an offer in the amount of 120 percent of the current assessed value of the property according to the Tax Assessor of Broward County, whichever is greater.
Candidate redevelopment area means an area of land located in a city redevelopment area which is a logical and appropriate unit of land for redevelopment.
Control means an owner of an interest in the real property or the holder of a contract to purchase an interest in real property which provides for specific performance in favor of the contract purchaser or other enforceable agreement within a candidate redevelopment area.
City redevelopment area means an area within the city, which is designated by resolution as deteriorated, under utilized, obsolete or otherwise in need of revitalization or redevelopment. A city redevelopment area must be located in a community redevelopment area as defined in Chapter 163, Florida Statutes.
Developer means a person who is the owner of interest in real property, and who shall continue in ownership through the development of the real property and development project, which interest can be sold by legal process for the improvement of any building, structure, construction, demolition, excavation, solid-waste removal, landscaping, or any part thereof existing, built, erected, placed, made or done on land or other real property to prepare a structure for occupancy for its permanent benefit.
(Ord. No. 2003-13, § 1, 6-17-2003)
The city commission may designate by resolution certain areas located within the city as a redevelopment area. The commission shall determine that such areas are deteriorated, underutilized, obsolete or otherwise in need of revitalization or redevelopment, and that it is appropriate that those individual parcels of land be assembled into logical and appropriate units of land which will allow for desired redevelopment.
(Ord. No. 2003-13, § 1, 6-17-2003)
Any developer who controls at least 70 percent of the privately owned property within a candidate redevelopment area or 60 percent within a city redevelopment area of one acre or less, and who has made a bona fide offer to purchase the balance of the property within the designated candidate redevelopment area is eligible to request an exercise of the city's power of eminent domain to assist in the assembly of an acquisition parcel in accordance with the provisions of this section.
A developer eligible to qualify for "petition" of the exercise of the city's power of eminent domain to assist in the assembly of land within a candidate redevelopment area may initiate the "land assembly assistance" process for the purpose of acquiring one or more acquisitions parcels by filing a petition for land assembly assistance with the city clerk along with:
(Ord. No. 2003-13, § 1, 6-17-2003)
The following criteria shall be considered in determining whether a petition for land assembly assistance should be granted:
(Ord. No. 2003-13, § 1, 6-17-2003)
Within 30 days after receipt of a completed petition for land assembly assistance, the city manager shall prepare a recommendation concerning the petition unless the city manager determines that the proposed redevelopment program is inconsistent with the city's comprehensive plan or is likely to have a negative fiscal impact on the city. If the petition includes a proposal to reimburse the city for all expenses incurred by the city in providing land assembly assistance and the city manager finds that the petition satisfies each of the criteria in section 32-57, the city manager may recommend that the city commission authorize the execution of the proposed land assembly agreement and initiate eminent domain proceedings. If the petition does not propose to reimburse the city for all expenses incurred by the city in providing land assembly assistance, the city manager may base his recommendation on the extent to which the request for land assembly assistance satisfies the criteria of section 32-57.
(Ord. No. 2003-13, § 1, 6-17-2003)
The city commission at a public meeting shall consider the city manager's recommendation. If the petition includes a proposal to reimburse the city for all expenses incurred by the city in providing land assembly assistance, the city commission may authorize the execution of the proposed land assembly agreement and initiate eminent domain proceedings if the commission determines that the proposed land assembly satisfies the land assembly assistance criteria contained in section 32-57. If the petition does not include a proposal to reimburse the city for all expenses incurred by the city in providing land assembly assistance, the city commission shall also base its decision on the extent to which the proposed land assembly assistance will have a positive or negative fiscal impact on the city.
(Ord. No. 2003-13, § 1, 6-17-2003)
After the city has acquired the parcel(s), the city shall convey the property to the developer subject only to the requirements of the City Charter and reimbursement pursuant to the terms and conditions of the land assembly agreement.
(Ord. No. 2003-13, § 1, 6-17-2003)
(Code 1980, app. A, art. X, § 1)
An additional fee, on file in the city clerk's office, shall be charged for inspection of any required public improvements.
(Code 1980, app. A, art. X, § 2; Ord. No. 2025-034, § 2, 12-17-2025)
(Code 1980, app. A, art. X, § 3)
When consideration is given to any preliminary plat or final plat, the director shall be guided by and utilize the following standards:
(Code 1980, app. A, art. X, § 4; Ord. No. 2025-034, § 2, 12-17-2025)
A property owners' association, a condominium or cooperative association, or other legal entity approved by the city attorney shall be created and maintained with the legal and enforceable responsibility for maintenance of all bodies of water not accepted for public dedication by the city commission.
(Code 1980, app. A, art. X, § 5; Ord. No. 2025-034, § 2, 12-17-2025)
Public improvements plans are required to be submitted to and approved by the county and the city so that a thorough and detailed review may be performed prior to construction for all proposed on-site and off-site improvements which are necessary to and a part of the subdivision. Required improvements plans shall clearly show but not be limited to the following information:
(Code 1980, app. A, art. X, § 6)
The city commission recognizes the unique burdens which residential subdivisions may place upon certain public facilities such as schools and recreation areas. To alleviate those additional burdens which subdivisions that are approved subsequent to enactment of this chapter into law may affect, the city commission provides the means to accomplish such alleviation in this article.
(Code 1980, app. A, art. X, § 7)
With respect to any proposed dedication, reservation or conveyance of a school site, approval of the school board of the county pursuant to Laws of Fla. ch. 28946(1955), § 12 (section 5-165 of the county code) shall be obtained. The developer shall place the county school board on notice of all proposed residential developments and shall notify the school board by registered mail, return receipt requested, of his proposed plat or subdivision and its intended residential use prior to the filing of his application for preliminary plat approval. The evidence of such notification in the form of a copy of the return receipt of the letter of notification shall be submitted to the city prior to the review of the proposed plat by the city director. The county school board may request the city commission to require the dedication or reservation of land prior to final plat approval. The school board may propose to the city commission for its consideration standards, procedures and minimum requirements based upon a rational relationship between the impact which will be created by the development when occupied and the school board’s demonstrated need for additional school sites.
(Code 1980, app. A, art. X, § 8; Ord. No. 2025-034, § 2, 12-17-2025)
(Code 1980, app. A, art. X, § 9)
All proposed subdivisions shall meet or exceed the design standards of the city as provided for in this article or county Ordinance No. 74-21 as amended from time to time, whichever is the higher or more restrictive, after the effective date of this chapter.
(Code 1980, app. A, art. X, § 10)
(Code 1980, app. A, art. X, § 11)
Subdivisions shall be screened to separate residential areas from nonresidential areas. Screening shall be provided in a ten-foot strip shown and designated as a landscape easement on the plat.
(Code 1980, app. A, art. X, § 12)
(Code 1980, app. A, art. X, § 13)
Storm drainage facilities shall be provided for all streets in accordance with the minimum standards set forth in this chapter.
(Code 1980, app. A, art. X, § 14)
Permanent control points (PCPs) shall be provided in accordance with F.S. ch. 177. Where required improvements are constructed prior to recording of the plat, the PCPs shall be installed prior to submission of the final plat and their location certified by the surveyor on the final plat. Where required improvements are constructed after recording, the guarantee or surety for such improvements shall incorporate placement of PCPs; and the surveyor's certificate shall indicate that permanent control points shall be set within one year from the date of recording of the final plat in accordance with the surety posted with the city for such required improvements.
(Code 1980, app. A, art. X, § 15)
Permanent reference monuments (PRMs) shall be provided in accordance with F.S. ch. 177. Where such monuments occur within street pavement areas, they shall be installed in a typical water value box with cover.
(Code 1980, app. A, art. X, § 16)
(Code 1980, app. A, art. X, § 17)
Cross reference(s)—Streets, sidewalks and other public ways, ch. 25.
| Street Type | Minimum Right-of-Way Width (Feet) |
|---|---|
| Arterial (county) | 120 |
| Arterial (city) | 100 |
| Collector | 80 |
| Residential or local | 50 |
(Code 1980, app. A, art. X, § 18)
Cross reference(s)—Streets, sidewalks and other public ways, ch. 25.
Roadside swales may be provided upon prior approval from the director based upon existing surface and subsurface soil and groundwater conditions.
(Code 1980, app. A, art. X, § 19)
(Code 1980, app. A, art. X, § 20)
When a subdivision borders on or contains a railroad right-of-way, a street approximately parallel to and on each side of such right-of-way may be required at a suitable distance for appropriate use of the intervening land as determined by the director.
(Code 1980, app. A, art. X, § 21)
Half or partial street construction shall not be permitted except where essential to the reasonable subdivision of a tract in conformance with official plans or this chapter and where, in addition, satisfactory assurance for dedication of or granting of an easement for the remaining part of the street is provided. Whenever a tract to be subdivided borders on an existing half or partial street, the other part of the street may be required to be dedicated or granted by easement and constructed within such tract. A proposed subdivision that adjoins or includes an existing street which does not conform to the minimum right-of-way requirements of this chapter shall provide for the granting of an easement or dedication of additional rights-of-way along either one or both sides of the street so that the minimum right-of-way requirements of this chapter can be established.
(Code 1980, app. A, art. X, § 22)
Limited-access strips controlling access to public streets shall be prohibited except where their control is placed with the city.
(Code 1980, app. A, art. X, § 23)
All streets shall be provided with street signs at each intersection. Of the initial installation cost, 100 percent shall be paid by the developer. Acceptable abbreviations for the words that will appear on signs shall be as follows:
(Code 1980, app. A, art. X, § 24)
All collector and arterial streets shall be provided with pavement marking, medians and islands to channelize and restrict traffic flow patterns. Pavement marking shall comply with current DOT pavement marking standards. Traffic lights shall be installed by the developer as required for the sole movement of vehicles.
(Code 1980, app. A, art. X, § 25)
Subdivision entranceways consisting of walls, fences, gates, rock piles or the like are not permitted within the median strip or other areas within a dedicated or deeded right-of-way. Decorative entranceways shall be constructed upon plots of land adjacent to a right-of-way so as not to constitute a traffic hazard.
(Code 1980, app. A, art. X, § 26)
(Code 1980, app. A, art. X, § 27)
(Code 1980, app. A, art. X, § 28)
Cross reference(s)—Utilities, ch. 30.
(a) Utilities. Wherever and whenever possible and unless found not to be feasible, all utilities, including but not limited to those required for electrical distribution, telephone and telegraph systems, water, wastewater, cable television and gas distribution facilities, shall be installed underground. Regulated utilities will operate in compliance with the state Public Service Commission tariff rules and regulations in effect both presently and at any time in the future regarding installation of underground facilities. This section shall not apply to any electric transmission facilities or associated apparatus and supporting structures the exclusive function of which are in transmission of electrical energy between generating stations, substations and transmission lines of other utility systems.
(b) Easements.
(1) Utility easements shall be a minimum of 12 feet wide and shall be provided where necessary to accommodate all required utilities across lots and where possible shall be centered on lot lines with access to a public right-of-way for maintenance. Additional easement width may be required by the director for multipurpose easements or where deep trenches for utilities are necessary. Additional utility easements may be required when, in the opinion of the director, such easements are necessary for continuity of utility service between developments and where necessary for maintenance and service.
(2) Drainage easements shall be provided where necessary at width adequate to accommodate the drainage facilities.
(3) Ingress/egress easements not less than 20 feet in width shall be provided as required to provide pedestrian or vehicular traffic access to all public and private utility or drainage facilities not fronting on public rights-of-way. The instrument shall state the purpose, use restrictions and reversions and be fully executed and recorded with the final plat.
(Code 1980, app. A, art. X, § 29)
Cross reference(s)—Utilities, ch. 30.
Methods of construction shall be those prescribed by the current "Department of Transportation Standard Specifications for Road and Bridge Construction" and the county engineering department when applicable.
(Code 1980, app. A, art. X, § 30; Ord. No. 2025-034, § 2, 12-17-2025)
(Code 1980, app. A, art. X, § 31)